How to become bankrupt nat. Person, IP, banks? How to become bankrupt and not lose an apartment?

Until recently, only legal entities could declare themselves bankrupt. Now, individuals can apply this procedure, including individual entrepreneurs. After the adoption of the rules on bankruptcy of individuals, the most pressing questions are how individuals become insolvent debtors and how not to lose their property.

Insolvent debtor

With the bankruptcy of legal entities, everything is relatively clear, because the legislation in this area has been operating for a long time and a lot of practice has been developed. As for individuals, everything is much more complicated, since many citizens can not fully understand how to apply innovations to their attitudes and what it takes to become bankrupt. Many believe that in order not to pay their obligations, it is enough to declare themselves insolvent debtor. In fact, it is difficult to answer the question of how to become bankrupt and not pay a loan, since after reading the norms of the law, one can not only fail to understand the essence, but also become entangled in the procedure itself. Currently, a large number of lawyers are beginning to practice the provision of services in this area. It is not clear, however, whether they themselves understand this norm and how to apply it correctly, since the legislative act is still "raw". Do not trust the first counter experts in this field, because you can find yourself in an even more delicate situation.

Recognition of individuals as non-payers was timely, when citizens, having collected a large number of loans, simply could not pay them. It was decided to settle this issue, since creditors are not always loyal to their borrowers, who most often because of life circumstances could not pay debts. At some levels of the population, the amounts of debts reach millions, and during a crisis in the country even a small loan is difficult to pay.

The main stages and procedure for the recognition of an individual as a bankrupt

Many are concerned with the question of how to become bankrupt on loans and save their financial situation?

I just want to note that the application of this procedure is not an easy way to solve your financial problems. In many cases, it will take a lot of time and effort, and in some situations, money.
How to become bankrupt? We list the main points:

1. A person can be recognized as an insolvent payer only in a judicial procedure.

2. To declare itself as such can both the individual himself and his creditor.

3. The application is submitted to the arbitration court.

4. On the basis of the submitted application, the court shall take an appropriate decision.

5. If the application is submitted by the creditor, it is allowed to file a joint application with several creditors.

6. The application can be submitted if the debt exceeds 50 thousand rubles.

7. A schedule of payments of arrears can be attached to the application. In this case, the hearing on the case may be postponed, in connection with which the debt is restructured.

8. FL is recognized bankrupt only when this fact of financial inconsistency is fully proved.

9. After the recognition of FL as insolvent, its property is put up for auction.

Perhaps the best option would be the adoption by the legislator, along with the law, of a document entitled "How to Become Bankrupt: A Guide for the Debtor".

This would avoid many unnecessary questions and save time for citizens.

What is debt restructuring?

This concept means a review of the order of payments and loan conditions. Carry out the procedure of the bank, when the borrower can no longer pay debts to creditors.

The restructuring takes place on the basis of the debtor's application, which indicates the reason for the impossibility of further repayment of the debt on the old terms. The application is accompanied by documents confirming the deterioration of the financial situation. It is important to understand that the procedure for restructuring is the bank's right, and not its duty. In this regard, before applying for a loan, it is better to find out whether there is an opportunity to change the terms of the contract in the future.

What to expect citizens from the norms of the new law

Do not despair and think that after passing the procedure, a person loses all his property and remains with nothing. By law, not all property can be sold on account of debt:

1. If a citizen has a residential real estate, which acts as his only home, the bank will not be able to take it out as payment for the debt.

2. Personal belongings can not be sold, including rewards and prizes.

3. Restrictions apply to the common property of the spouses. If common property is sold, then it is necessary to provide for the possibility of acquiring other smaller real estate for one of the spouses, whose debt does not concern. For example, to exchange an existing apartment for a smaller area.

It is interesting that when a natural person is declared bankrupt, all transactions made by him and his relatives in the last year are considered null and void. This is done to avoid possible fraud and fraud.

How not to lose all your property during the procedure

The question of how individuals become bankrupt, contains a large number of nuances that are very often not taken into account by citizens. It is rather difficult to study the normative act independently and to understand whether it is possible to apply its rules to one's own advantage. Citizens who decided to apply the procedure to themselves, first of all ask themselves how to become bankrupt and not lose an apartment and at the same time get rid of financial obligations to the bank. Many people use various schemes and fraud to save their property, so at the time of bankruptcy the person has nothing that could go against the debt. For example, at the time of entering into a loan agreement, the borrower can rewrite his property to other persons. This step further creates serious problems for the lender. Many issues are caused by the sale of property in common ownership or if the immovable property is the only dwelling of the debtor or taken into a mortgage. It is to be assumed that until a sufficient amount of practice is developed on how individuals become bankrupt, many controversial issues will arise that require clarification and clarification. A certain number of citizens naively believe that by declaring themselves bankrupt, they will be able to forget about their debts and live quietly on. At the same time, no one takes into account the following points relating to how to become bankrupt in Russia:

1. Within five years a citizen will not be able to engage in entrepreneurial activities.

2. All available licenses will be withdrawn.

3. There will be no possibility to issue new loans.

If a citizen is ready to make such sacrifices, then it is quite possible that one can start a life without debts.

Bankruptcy as a measure of emergency

For many citizens, this procedure is an extreme measure, allowing to solve financial difficulties for creditors. Insolvency of citizens to pay their debts caused the economic crisis. Particularly relevant is the topic "how to become a physical bankrupt" for those who took a mortgage or a loan in foreign currency. In connection with the growth of the dollar, it was impossible to repay the debt to the creditor. Citizens lose their jobs, their earnings are significantly reduced. What do they have to do? Just look for the answer to the question of how to become bankrupt for the bank.

The crisis caused insolvency not only for foreign currency borrowers, but for "ruble" as well. And most of the debtors can not pay even the simplest loans that were issued for the purchase of consumer goods. Most of the citizens are in arrears due to small amounts of loans, and a smaller number of those whose debts are quite large. On the advice of most lawyers working in this field, you should not rush to declare yourself an insolvent debtor. First, you should apply to the bank in order to provide for the possibility of debt restructuring.

The opinion of banks on the new law

Many credit institutions have long waited for the adoption of this law, believing that it will help banks to legally resolve the issue of overdue loans, since earlier banks had no opportunity to fight their debtors. The adopted act gives freedom to credit institutions that can sue the borrower in order to recognize him as an insolvent payer. According to many banks, the bulk of debtors will agree to a restructuring. That is why, before going to court with a lawsuit about recognizing yourself as a debtor, it is better to start with a trip to the credit institution itself and find out what the lender can offer to solve the problem and find out how to become bankrupt for the bank.

When contacting the bank, you should not hide the actual state of affairs of the borrower. For example, if a citizen has lost his job and, accordingly, the only source of income, it is worthwhile to warn the bank about it without delay, without waiting for a long delay in the loan to accumulate. On behalf of only need to write a statement and attach a document confirming the fact of the loss of work. The bank will review the application and decide whether an individual can become bankrupt or the best option is to offer the debtor a restructuring option. The position of banks once again emphasizes the fact that they are ready to cooperate with their debtors in terms of finding a way out of a difficult financial situation.

Can entrepreneurs declare themselves insolvent debtors?

If the question of how to become bankrupt to an individual is more or less clear, then how to apply the law to an IP? According to the rules, the IP is equal to an individual, accordingly, all the norms of the new law apply to it. What is necessary in this case to take and how to become a bankrupt IP? IP can be recognized as defaulters for the following reasons:

1. If the IP can not continue to fulfill its obligations to creditors.

2. IP lost the opportunity to pay on compulsory payments.

All claims of creditors to IP should only be of a monetary nature. The court accepts the application for consideration if the IP has a three-month debt to the creditor and / or the amount of the debt exceeds the amount of 10,000 rubles. Initially, before the adoption of the law, it was decided that the procedure for bankruptcy of the IP and the questions of how to become bankrupt to an individual will be considered by different courts. Currently, individuals and entrepreneurs are declared bankrupt through an arbitration court. Perhaps, for IP it is also necessary to develop a document called "How to become bankrupt: a guide for the debtor".

Which law should we rely on?

The main document that is worth studying is the Federal Law "On Insolvency (Bankruptcy)." The normative act has undergone many changes and amendments, the adoption of which has been postponed several times. This is due to the fact that the arbitration courts were not ready to accept the flow of applications. Perhaps they themselves did not know the answer to the question of how to become bankrupt nat. Face. Fortunately, the law was finalized, and already in October this year it came into force. To date, statistics on the debts of citizens to banks are disappointing: every second Russian has debts to credit institutions, exceeding 70 thousand rubles. If we calculate how much in the aggregate the amount of debt will be, then we can understand that without loans, the smallest percentage of citizens is being treated. I want to believe that the new law will facilitate the lives of not only citizens, but also the work of credit institutions.

The bank is bankrupt

An interesting question is how to become bankrupt to the bank itself. The answer to this question is quite simple: a license is withdrawn from the bank due to its financial illiquidity. Accordingly, if a bank is revoked a license, it can no longer engage in banking activities, which leads to its liquidation. The most common reasons for revoking a license are:

1. The norms of laws regulating banking activities are not complied with.

2. Banks submit unreliable reporting data.

3. Mandatory payments are not made, etc.

Recently, control over the work of banks has become much tougher, which led to the revocation of licenses from many banks, including quite large ones, operating in the financial market for a long time. We can say that the CBR does not spare anyone. Most of the Central Bank's new policy is suffered by ordinary citizens who, for example, are found to be depositors of banks that are deprived of a license. Many still can not return their money, because the bankruptcy procedure is rather complicated and time-consuming.

Who benefits from this law

It should be understood that the procedure in question does not mean that the creditor will forgive the debt and forget about it. On the contrary, the debt will be closed at the expense of the debtor's property. What does this give? First of all, the opportunity to start a new life, that is, without credits, interest, delinquency. The main thing is that you no longer have to endure calls from collectors and employees of the bank with threats. This is how banks affected their debtors before the adoption of the law. The most legal way to return your money was to file a lawsuit against the debtor. For today, the law does not allow waiting for the moment when the creditor starts the procedure himself. You can go and declare yourself as an insolvent person, proving your financial inconsistency.

Not all banks evaluate the new law on the positive side. Especially the new rules are unprofitable for banks that have issued money for mortgages. According to the law, if the debtor has a single place to live, then it can not be taken away as a repayment of the obligation to the bank. Earlier creditors could count on deduction of salary of the debtor or his pension. Now everything is solved only through the procedure for selling the debtor's property.

Undoubtedly, banks will not want to stay away and look at how their money goes to no one knows where and no one is going to return them. Therefore, we should expect banks to raise lending rates, tighten requirements for borrowers, and it is possible that new loopholes will be invented to add to the main debt various extra charges as additional banking services. Thus, getting a simple loan will not only be difficult, but unprofitable.

Thus, the adopted law is more beneficial to citizens. According to many experts, the adopted law was a hasty measure, since Russia is not yet ready for such a radical solution to the problem with debtors, many citizens have formed an incorrect attitude to their debt obligations. In addition, the law significantly affects the interests of creditors. Do not deny that the new law for many will be like a "breath of air", allowing you to escape from the web of debts and begin life without aggravating thoughts.

Consequences of bankruptcy

The bankruptcy procedure has certain negative consequences. But for those who have big debts to creditors, these consequences may seem like a mere trifle and the question "how do they become bankrupt?" Is quite relevant.

What is included in the list of consequences:

1. Inability to declare bankrupt in the next 5 years.

2. You can not work in a managerial position for three years.

3. Problems with obtaining new loans.

If we look at the situation from the other side, then there is nothing terrible in these consequences. Especially for those who have debts exceeding 500 thousand rubles. Regarding the last point, it should be emphasized that nobody borrows a loan. Simply when it is issued, it is worthwhile to warn the bank that the borrower underwent this procedure. To indicate this fact is necessary for 5 years.

It is worth believing that even if the borrower does not indicate this fact, the banks will in any case be equipped with a database of persons who have been bankrupt. Do not be afraid and think that bankruptcy will ruin the credit history. If you think about it, it was already spoiled by late payments. At the same time, a spoiled credit history does not put an end to further opportunities for obtaining loans. Due to the adopted law, many citizens will be recognized as insolvent payers. It turns out that there will be simply nobody to give out loans. For banks this is extremely unprofitable. Of course, a couple of years will still have to wait, perhaps after the repayment of all debts, a citizen simply does not want to climb into the debt hole again. Especially for many credit institutions, for example, such as microfinance institutions, financial opportunities and spoiled credit histories are simply uninteresting. They issue money without any problems. Analyzing possible prospects associated with the law on bankruptcy, I want to remind once again that before taking a loan, it is worth assessing its capabilities and, in general, the need for its receipt. Especially in a country where there is often financial instability, it is necessary to take care with any kind of debt obligations to yourself, so that in the future not be among the insolvent debtors.